Remainderman rights

Bangor, ME | July 29, 2009 12:56am

My Dad girlfriend was left a non life estate house. My Brother and I are the remaindermans are name is on the deed. Her son was living in the house but now has moved into her house and she gave her home to him so she can move to a senior citizens housing complex. She is still responsible for my Dads house as far as taxes, insurance, maintance ect. And no waste of the property. We heard through the grapevine she is going to terminate her life estate and give the house to my brother and I now. Well we have been keeping in contact with probate court and town clerks to make sure she is paying the taxes ect. We found out she is past due on taxes and there will be a lien put on it if she don't pay it buy August I believe it was. Also they have not mowed the lawn all summer. Who can we contact?

She is wasting the property, not paying the taxes and we dont even know if she has insurance on it. We were told by a lawyer we can not trespass on the property so we dont know how bad inside of the house is. We dont speak to her because of several reasons, so that is out of the question. Do we contact probate court, we feel helpless with no one to help us with this. The estate lawyer is all for her, so he is no help. She also is the personal representative. Any information would be helpful at this time.

The personal representative and life estate holder(s) generally have an implied duty to the remaindermen to keep the estate assets and property in good condition. P.S. I don't know what you mean by "non life estate house." You need a lawyer and may have recourse in Probate Court, preferably before the property is foreclosed for back taxes.